PNG female caught with meth again while in court

 Port Moresby police have reported that a 19 year old female appearing in court for methamphetamine charges was arrested again inside a court at Waigani.

The accused Cecelia Kumbakor appeared before Magistrate Paul Nii and as the magistrate was presiding over the case realized Ms Kumbakor was behaving abnormally.

The magistrate then instructed police to search Ms Kumbakor.

In a statement police say a detective present in court searched the accused Ms Kumbakor and found a bong and some ear buds in her possession.

Police say the bong and ear buds are common implements used by people who smoke and inhale the methamphetamine drug.

Divisional Commander for Northern and acting Commander NCD Central Assistant

Commissioner Peter Guinness said Ms Kumbakor together with a male and two other

women were previously arrested and charged with possessing and consuming

methamphetamine.

Assistant Commissioner Guinness said Kumbakor was released on bail while her

accomplices were detained at Bomana Prison awaiting their court appearances.

The four were present in court yesterday when police found the methamphetamine

implements in Kumbakor’s possession.

Police say the discovery caused a furore inside the court room compelling Magistrate Nii to suspend the court hearing.

ACP Guinness said this particular incident is a wake up call for police, the court and the

legal fraternity.

He said police and the court must now seriously reconsider granting bail to people who are addicted to illicit drugs.

Ms Kumbakor was later charged and detained at the Boroko cells.

Three Papua New Guineans and an Italian were found guilty by the National Court in Port Moresby early this year for attempting to smuggle the drug into Australia from Port Moresby.

When finding the four guilty, Justice Panuel Mogish said the methamphetamines trade is a lucrative and well coordinated international trade.

Three man Supreme Court bench refuse bail application by Paul Paraka

A three man bench of the Supreme Court in Waigani this morning dismissed an application by convicted lawyer Paul Paraka for bail pending his appeal.

Justice Panuel Mogish delivered a unanimous decision on behalf of Justices Iova Geita and Peter Toliken.

They found there were no exceptional circumstances and change of circumstances pleaded by Mr Paraka who is serving a jail term of 20 years for misappropriating K 160 million  of state monies.

What is very interesting about Mr Paraka's case is that he began applying for bail as soon as he was convicted.

He has also filed an appeal and that is essentially his move in asking for bail.

Mr Paraka's argument has been that if there is an appeal, a convicted person can be allowed bail and courts have inherent powers to consider that.

His bail applications before the National Court and lately before Justice Susan Purdon-Sully have been refused.


The three man Supreme Court bench have now found Mr Paraka's case to be rare in PNG and in the Australian jurisdiction where a convicted prisoner can apply for bail.

In their published decision the bench held that while bail is a right for anyone, situations before conviction and after conviction are different and very much depends on showing exceptional circumstances.

The Supreme Court found there has not been much change regarding the circumstances as stated by Mr Paraka in his six affidavits filed  between late 2023 and this year rendering his application an abuse of process.

Among his grounds Mr Paraka raised moving on from his earlier application before a single judge Purdon-Sully were on medical grounds. He has a heart condition that needs a stent operation.

Challenges to accessing  medical services at Bomana prison, food and stress.

A new ground Mr Paraka raised before the three man Supreme Court bench was concerning the vote of no confidence.

The bench ruled convicted persons should not venture into political issues and they should not expect to receive special treatment.

The court had also considered that Mr Paraka had undergone a successful balloon stent operation for his heart.

The court says change of circumstances must be relevant and exceptional but Mr Paraka who was representing himself in court was attempting to take a second bite without providing convincing evidence.

Mr Paraka will continue serving his term in jail pending his appeal.

NBC is truly a national news organisation

 Last week provincial journalists for the National Broadcasting Corporation attended a training on Mobile Journalism (MOJO) in Port Moresby.

The training also expanded into crafting news, focus on social media ethics and how to video and edit stories.

The training further  delved into the use of available platforms to send high resolution packages for television news.

The additional good news is all the 20 provincial journalists were gifted with MOJO kits to start producing and sending news to Port Moresby.

So what does that mean?

The NBC now will air high quality video news for viewers.

The downside though. 

It's pressure on journalists to file for various news programs.

NBC news programs

■ National TV News

■ Current Affairs for TV

■ Current Issues Radio

■ Business Daily Radio

■ NBC News Radio

At each provincial station there is only one journalist who has to prepare provincial bulletin and send news to the national newsroom in Port Moresby.

More than 10 years ago I went for a job interview at EMTV.

Before the interview ended they asked if I had any questions. 

I asked how EMTV would fair as there was the new Kundu 2 TV.

The response I got was they were here then for the last 30 years and they will still be here.

Indeed but maybe Kundu 2 transitioning to NBC Television has made leapts and bounds. 

It is due to launch its analogue to digital program and a new world class standard TV studio in July. 

Judge says 6000 pending bench warrants

The National Court in Waigani has begun hearing bail applications monthly and also looking  into cases of accused persons on bench warrants since 1984.

The court registry has released lists of accused on bail and those on bench warrants.

Justice Panuel Mogish who heads the criminal courts at Waigani said earlier last month his court would hear bail and bench warrant cases every month.

There are about 6000 outstanding bench warrant  cases through out the country since 1980s.

Justice Mogish has appealed to leaders and communities not to harbour accused who are on bench warrants.

They can be of danger to communities.

Justice Mogish  said they should be handed over to courts to prosecute them.

He said it's not the role of police alone to apprehend them and hand over to the courts.
The criminal court in Waigani has received lists of accused of bench warrants.

Meantime Justice Mogish has challenged a public prosecutor to obtain statements from witnesses to prosecute an accused.

The accused Martin Saweya has been in custody since 2022 but his case has never been trialed yet.

Justice Mogish said this is one of the oldest cases and it can't drag this long.

If the public prosecutor does not file witness statements when the case is called again in April, Saweya's lawyer can file an application to discharge his case.

 

Flood inundated villages along Sepik River

 Governor  Allan  Bird issues statement about the provinces responses to Sepik River flood 

On Thursday, we did a tour of parts of the river basin to gauge the extent of the flooding affecting our people.

Continuous rain up in the highlands and along the Sepik basin has resulted in higher than normal flooding. Our river people build homes on high posts to account for annual flooding, unfortunately this current flooding is quite rare. If my memory is correct, we had similar floods in 1982 and 1996.

The district and LLG managers are making assessments of the worst hit areas. Meanwhile the LLG presidents, public servants, MP Wewak and I had a meeting to urgently agree on assistance to be delivered where most needed.

So far we have had two casualties as the result of a land slip in Balam, Dagua LLG, Wewak.

All LLGs are authorised to use K200,000 each to provide relief in those LLGs affected by flooding. DDAs and the ESPG will step in where needed. All assistance will be coordinated on the ground by the respective Ward Members.

Our most affected LLGs are Tunap Hunstein, Ambunti, Gawi, Karawari, Yuat, Keram, Angoram and Marienberg. All food gardens, water sources and many homes are now under water in the worst hit areas.

The immediate need is for canvas, clean drinking water and food (carbohydrates). The people still have plenty of fish and wild protein.

For clean water, we will be talking to our partners to quickly deploy filter buckets for every affected family or water containers that they can refill. We have a current program that distributes filter buckets from the USA. We intend to expand that programme rapidly.

For food, LLGs not affected by flood are urged to supply fresh sago, taro or other crops as necessary through a coordination mechanism set up by the provincial administration.

The PHA is ready to respond to the outbreak of water borne diseases as they arise and medicines and teams are on standby. Emergency medical response is also on standby to respond to any critical emergency requests.

We thank our partners, Samaritan Aviation, our business community, our Churches, our Chamber of Commerce and our people for their support and resilience.

We expect help to be delivered within the 10 days and we expect this crisis to continue for at least 6 weeks.

We urge the business community not to entertain any individual requests for help. If any donations are required from the business community, the Provincial Administrator, Mr Samson Torovi will be writing officially.

We hope this clarifies the situation and should anyone have any issues, please consult our Provincial Disaster Office managed by Mr Warakai.

This message has been disseminated by NBC Wewak as well.

NBC regional journalists trained to use mobile journalism

 Mobile Journalism or MOJO is now the cliche in producing news as technology advances and making production kits portable.

NBC Managing Director Kora Nou urging journalists to look after MOJO kits. Senior camera man Wari Ila videos using the MOJO kit

Regional journalists from across the country took part in a training facilitated by the Australian Broadcasting Corporation International Development (ABCID) to use MOJO kits. 

They were presented with the kits to ply their trades in respective provinces.

NBC Board Chairman Ian Tarutia apprrciated the journalists and encouraged them to continue committing to their profession.

Mr Tarutia said the most important asset is any organisation is human capital and with him at the helm since July last year, their focus would be to ensure staff are looked after.

Despite dilapidated infrastructure like buildings that are as old a 50 years, the organisation will embark on revitalizing them and ensuring NBC remains relevant for its viewers and listeners. 

Mr Tarutia has suggested town hall meetings to engage with the provincial on a regular basis to outline what the board and executive management desires and to get updates from what is happening in provinces.

Somare hailed as the greatest person

 Prime Minister James Marape has hailed late Sir Michael Somare as a great Papua New Guinean that ever lived.

Mr Marape was invited to deliver a keynote speech at the third anniversary commemoration on the passing of Sir Michael Somare at the University of Papua New Guinea

Under the theme rekindling the dream, the commemorative occasion stressed on building on Somare's dream and construct the nation 

Mr Marape said among many ideals of Somare who held together a very diverse society, he was the keeper of the constitution 

He said if Papua New Guineans love, respect and appreciate the leadership of Somare, the best thing to do is to keep the law

Mr Marape shared his meeting with the late Sir Michael ten days before his passing that they wanted to medivac him to get medical treatment overseas

Late Sir Michael declined the offer saying he had lived his life, a very humble act Marape said 

Mr Marape paused abit obviously emotional because it was Sir Micahel who campaigned for him in Tari during the 2007 election and he got into Parliament

He said the late Somare also groomed him into cabinet and given a ministerial portfolio 

Hon. Peter O'Neills qualification to question the election of James Marape queried

 

A full Supreme Court bench comprising five judges have concluded hearing a Supreme Court reference filed by Ialibu Pangia MP Peter O'Neill at 5.20pm yesterday 

 

The bench comprising Chief Justice Sir Gibbs Salika, his deputy Ambeng Kandakasi and other judges Ereke Kariko, Panuel Mogish and David Cannings have reserved their ruling to a later date.

 

In this supreme court reference Mr O'Neill was asking the high court to provide a legal opinion on whether the election of Prime Minister James Marape on August 9 last year was proper and constitutional.

 

 One of the main issues raised before the five judges was whether a gazettal notice of meeting of Parliament published on August 1^st, 2022 was proper. 

 

Through his lawyer Ron Webb Mr O'Neill also asked the court to declare section 63 of the OLIPAC law unconstitutional as it does not support section 50 which allows citizens to take part in an election. 

 

This argument particularly concerns the non participation of other MPs whose writs were not returned yet and ultimate denying them the constitutional right to vote for a Prime Minister or be nominated to contest.

 

The argument was that only 83 writs out of 119 were returned when Parliament was called.

 

The high court will have to offer an opinion whether having 83 writs was sufficient to call a meeting of Parliament and elect a Prime Minister.

 

Mr O'Neill through his lawyer Ron Webb while asking the high court to declare section 63 of the OLIPAC unconstitutional has prompted the Supreme Court bench to ask O'Neills lawyer whether his client had benefited from this OLIPAC law in the previous elections 

 

 

O'Neill's lawyer said this supreme court reference was about what happened in this parliament and not in previous ones.

 

The Peoples National Congress Party through lawyer Davis Steven endorsed Peter ONeills arguments adding they were concerned about the processes leading to the first sitting of Parliament being unconstitutional.

 

 Lawyer for the Attorney General Levente Jurth had a strong contention against Peter O'Neills application.

 

Other five intervenors endorsed the arguments by the Attorney General's lawyer.

 

Among interesting opposing arguments were that Mr O'Neills application through section 18 was not of personal interest concerning Constitutional matters and he failed to plead how he was directly affected in anyway. 

 

He should have files through sect 19 because the issues were of public interest, but then only constitutional office holders can use sect 19.

 

The Attorney General's lawyer also argued that Mr O'Neill did not clearly plead how he has suffered personally in any way and reliefs he was after were not stated .

 

The bench had prior inquired why Mr O'Meill did not indicate reliefs sought in the application book.

 

The bench said it was fundamental.

 

They only heard O'Neills lawyer asked the court for reliefs during submissions yesterday.

 

 The Attorney General's lawyer had asked the court not to entertain O'Neills application.

 

Peter O’Neill’s lawyer Ron Web says his client has sufficient interest in the constitutional matters.

 

The Supreme Court bench has reserved its ruling to a later date.

Attorney General briefs out legal representtation

 

The State Solicitor General’s office will not be representing the Attorney General Pila Niningi during the Supreme Court reference filed by the Opposition Leader Hon. Joseph Lelang.

The supreme court reference filed early this month as a Sect 18 reference seeks the high court’s interpretation whether the recent signing of two Defence Cooperation Agreements with the United States in May were constitutional.

Issues of legal representation from the Attorney General who wants to be an intervener arose on Monday when a private law firm lawyer and state lawyers appeared to represent the Attorney General.

But on Tuesday a state lawyer informed Justice Derek Hartshorn that the Solicitor General’s office would not be representing the attorney general, Pila Niningi as they have briefed out the matter to Mel and Hennry Lawyers.

While the issue of representation is quite settled, Lawyer Dane Mel from the brief out law firm has to make an application for the supreme court to accept the attorney general as an intervenor in this reference.

He had asked for an adjournment for 14 days but Justice Hartshorn declined it and moved the hearing date to Friday at 9.30am.

Mel had told Justice Harshorn they were unable to sight the court documents in order to make and file their case.

Brendan Lai who represents the Opposition Leader Joseph Lelang had taken issues that the delays with legal representation were in house matters for the Solicitor General’s office.

Lai wanted the application for the Attorney General to intervene to have been moved on Tuesday or be dismissed for want of prosecution.

The matter is now settled to be heard on Friday 9.30 am.